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Messages - Telecaster

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1
Private parking tickets / Re: VICTORY in court against Napier Parking Limited. Now what?
« on: January 21, 2025, 09:27:54 pm »
Thank you! I think it's safe to say my GDPR was breached, given the fact that they have obtained my details without good reason to do so.

In terms of all of this, it seems I will need to do a few things:

  • Letter Before Action for the claim for damages (court expenses for the original case)
  • Separate Letter Before Action for the claim retrieving all money paid to Napier for parking on that site
  • A further 'pre-action notice' to Napier over the GDPR claim

Does this sound right? Would I be able to combine these into one letter, or is it better to keep them separate?

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Private parking tickets / Re: VICTORY in court against Napier Parking Limited. Now what?
« on: January 16, 2025, 12:56:35 am »
Thank you, both. That sounds positive, then!

Would it be worth putting through the damages as a separate small claim to the other one or lumping them into one claim?

Ideally, I would like a solicitor to run over the landowner agreement, but I am confident that the judge understood it and was correct. Indeed, the section referred to does not read very well.

Quote from: DWMB2 on January 15, 2025, 04:15:49 pm
Quote
2. Can the driver claim back parking fees paid to Napier?
Is it definitely the case that parking tariffs were collected and then retained by Napier?

I ask as it's sometimes the case in paid car parks for the parking operator to deal with enforcement and issuing PCNs etc, but for the landowner to retain any money paid for 'legitimate' parking.

I've just stayed up reading the whole thing. There are definitions of the terms 'Enforcement Revenue' and 'Car Parking Revenue', but there are no mentions of them in the agreement. It does seem I have the complete article, as it has all of the pages referenced in its Contents page. There is reference to the Tenant paying rent to the Landlord.

3
Private parking tickets / Re: PCN at hotel car park - any advice?
« on: January 15, 2025, 11:49:43 pm »
And the final bit.

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Private parking tickets / Re: PCN at hotel car park - any advice?
« on: January 15, 2025, 11:48:41 pm »
Hi,

Thanks for your replies. I have now received photos of all of the letters, which I have redacted. The screenshot the driver took of the Parkmaven website from their phone has unfortunately been sent to me as a photo of the screenshot taken on the phone, in an email on the laptop, taken back on the same phone. I know the original is both on the phone and in the driver's email somewhere, so I will try to get a better copy if required. I don't think it would hold much weight in terms of evidence, as I could replicate that on my phone.

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Private parking tickets / PCN at hotel car park - any advice?
« on: January 14, 2025, 09:46:05 pm »
0Helping a driver with a PCN from a hotel car park. I will be getting a copy of the PCN soon, but here is the basic sequence of events:

  • Parked in the hotel car park and paid via the YourParkingSpace website via mobile browser (not the most technically proficient, so did not know to download the app).
  • Received PCN from the Parkmaven 20 days after the alleged violation occurred. It states that there was no valid session.
  • The driver has missed the appeal deadline due to a lack of technical knowledge around responding to the appeal. They only saw the option to pay the PCN, so emailed Parkmaven's 'support' email address. They sent a screenshot of the website payent screen (not showing that payment was completed) and a screenshot of their bank statement showing the transaction. Unfortunately no receipt was obtained because the driver entered their phone number one digit too short and neglected to include an email address.
  • I believe POFA PCNs need to be sent within 14 days, but I'm not sure when they should be received by. This PCN was dated exactly one week after the parking session, but only arrived one day before the appeal deadline. I'm not sure where the driver stands regarding this.
  • A response to the email appeal arrived advising the driver to click the link to appeal, but the driver did not understand that this was still possible despite the letters from DCBL citing that it had now been passed to them and it was too late to appeal.

I don't know if it's now possible to get this back to the appeal stage, but I am trying to find out more information from the hotel in question. More details can be provided; I'm just waiting for it all to be emailed to me so I can redact it.

I can see Parkmaven arguing that the wrong registration number was used, as the driver has no receipt so it's the only reason I can think of.

I'm not sure if the arrival of the PCN so late could be a reason for appeal to be successful, but the driver is back to being too late.

I would like to see the agreement between Parkmaven and the landowner, but the hotel has thus far not responded to my emails.

Any help would be greatly appreciated!

Thanks  :)

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Private parking tickets / VICTORY in court against Napier Parking Limited. Now what?
« on: January 14, 2025, 09:22:24 pm »
The driver was taken to court by Napier Parking Limited over 2 PCNs at one of their car parks. The details of the PCNs do not matter as the case was dismissed by the judge. The reason for this was that their Landowner agreement was flawed. They had an initial lease of just over 6 months and a rolling management agreement. However, nothing in the agreement stated that the lease would renew, so Napier had no right to levy parking charges on the land.

The driver now wishes to know:

  • Can they claim back expenses for the original court date? This was not done at the time. Will this need to be a new claim against Napier?
  • As Napier had no right to levy parking charges on the land, the driver paid twice for the parking in one of the PCNs but has claimed none of that back. The driver actually paid £570 over 2 years for parking sessions on that site. Can they take Napier to court to get all of it back?
  • Napier have obtained and processed the driver's personal data in breach of GDPR. They have then used that information to harass the keeper and driver (following appeal) for nearly 3 years. Can anything be done about this?
  • Several other people have claimed about this car park. Potential class action?

It's nice to hear of a victory, but there are unseen costs such as stress and anxiety and it would be brilliant to see them played at their own game.

Thanks in advance!  :)

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